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Home My WebLink AboutSH RES 750 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 9, 2017 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerk@southamptontownny.gov. Signature: ____________________________ Date: __________________ Please be advised that the Town Board, at a meeting held on August 8, 2017 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2017-750 Adopted \[Unanimous\] Resolution to Adopt Amendment to Town Code 330-5 (Definitions) as it Relates to the Definition of "Story" Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 8/9/2017 Page 1 Southampton Town Board Sundy A. Schermeyer Town Clerk 116 Hampton Road Telephone: (631) 287-5740 Southampton, NY 11968 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 August 9, 2017 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on August 8, 2017 1:00 PM, reviewed the following resolution(s): Town Board Resolution RES-2017-750 Adopted \[Unanimous\] Resolution to Adopt Amendment to Town Code 330-5 (Definitions) as it Relates to the Definition of "Story" Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 8/9/2017 Page 1 Southampton Town Board - Letter Board Meeting of August 8, 2017 TOWN BOARD RESOLUTION 2017-750 Item # 7.24 ADOPTED DOC ID: 27646 Resolution to Adopt Amendment to Town Code 330-5 (Definitions) as it Relates to the Definition of "Story" WHEREAS, the Town Board is considering amending the definition of “Story” in Town Code Section 330-5 (Definitions); and WHEREAS, a public hearing was held on August 8, 2017, at which time all persons either for or against said amendments were heard; and WHEREAS, the Town of Southampton Department of Land Management has reviewed the provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 (Environmental Quality Review) of the Town Code and has advised that the proposed action meets the criteria of a “Type II Action”; now, therefore, be it RESOLVED, that Local Law No. 20 of 2017 is hereby adopted as follows: LOCAL LAW NO. 20 OF 2017 A LOCAL LAW amending the Definition of 'Story' in Town Code Section 330-5. BE IT ENACTED by the Town Board of the Town of Southampton as follows: Section 1. Legislative Intent. On October 29, 2012, a severe storm (Hurricane Sandy) hit the Town of Southampton causing heavy flooding, power outages, and property damage, including the destruction of many dwellings. Since then, a large number of our residents have had to repair or entirely reconstruct their homes, some of which require elevation in order to comply with State and Federal regulations. In 2014, the Town Code was amended to obviate the need for relief from the Zoning Board of Appeals by permitting the elevation of existing structures to conform to State and Federal regulations, notwithstanding the resultant pyramid encroachments and/or maximum height violations. This Code amendment clarifies that under certain circumstances, the elevation of dwellings to comply with State and Federal regulations will not result in a three story dwelling which would require a variance from the Zoning Board of Appeals. SECTION 2. Amendment. The definition of “Story” as provided for in Town Code §330-5 is hereby amended by adding the underlined words as follows: §330-5. Definitions. STORY: That portion of a building which is between one floor level and the next higher floor level or the roof. If a mezzanine floor area exceeds 1/3 of the area of the room or space immediately below, it shall be deemed a story. A basement shall be deemed to be a story when the finished floor immediately above is six feet or more above the average elevation of the finished grade. An attic shall be deemed to be a story where it meets the requirements for habitable space. For properties located within special flood hazard areas Generated 8/9/2017 Page 2 Southampton Town Board - Letter Board Meeting of August 8, 2017 (FEMA Flood Zones), the lowest level of a dwelling shall not be deemed to be a story so long as it: (i) is comprised of an unfinished flood-resistant enclosure, and is used solely for the parking of vehicles, incidental storage, and/or is the minimum necessary for building access; and (ii) complies with all state and federal regulations. SECTION 3. Authority. The proposed local law is enacted pursuant to Town Law §§130(1) and 265(2), as well as Municipal Home Rule Law §10. SECTION 4. Severability. If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 5. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE IT RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Adoption: NOTICE OF ADOPTION TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on August 8, 2017, the Town Board, at its meeting of August 8, 2017, adopted Local Law No. 20 of 2017, as follows: "A LOCAL LAW amending the Definition of 'Story' in Town Code Section 330-5.” Copies of the local law, sponsored by Supervisor Schneiderman are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Financial Impact: None. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jay Schneiderman, Supervisor SECONDER: John Bouvier, Councilman AYES: Jay Schneiderman, Julie Lofstad, John Bouvier, Stan Glinka ABSENT: Christine Preston Scalera Generated 8/9/2017 Page 3